Author Profile
Pathak, Akhileshwar
Contractual Termination Conundrum: The Sudden Insolvency of Phones 4U Limited
IIMA-STR0472 | Published January 03, 2023 | 8 pages Case
Collection: Indian Institute of Management, Ahmedabad
Phones 4U Limited (P4U) was a highly successful intermediary company, retailing mobile phones and selling mobile phone services for the major mobile phone operators in the UK. In 2014, two of the mob... Read More
Entire Agreement Clauses: Representations and Misrepresentations
IIMA-STR0462TEC | Published March 31, 2021 | 7 pages Technical Note
Collection: Indian Institute of Management, Ahmedabad
Business contracts have come to have an entire agreement clause that seeks to exclude all communications prior to making the contract. Assigned contracts are fully binding, the clause is highly effec... Read More
No Oral Modification Clauses: The Riddle of Party Autonomy
IIMA-STR0461TEC | Published March 31, 2021 | 9 pages Technical Note
Collection: Indian Institute of Management, Ahmedabad
Contract documents have come to have a no oral modification (NOM) clause which prohibits oral modification of a contract. The validity of the term was in doubt, however, as the contracting parties ar... Read More
Sale of Goods: The Implied Condition of Description
IIMA-STR0459TEC | Published March 17, 2021 | 8 pages Technical Note
Collection: Indian Institute of Management, Ahmedabad
The law of sale of goods gives the valuable right to the buyer to terminate the contract if the supplied goods are not in conformity with the description. However, every aspect, characteristic or the... Read More
Warranty Clauses: Exclusion of Implied Conditions and Warranties
IIMA-STR0460TEC | Published March 17, 2021 | 8 pages Technical Note
Collection: Indian Institute of Management, Ahmedabad
The law of sale of goods gives the buyer the valuable rights of implied conditions to terminate the contract if the supplied goods are not in conformity with the description, not of merchantable qual... Read More
Smartphone Apps and Contract Terms: The Uber Case
IIMA-STR0448 | Published September 24, 2020 | 13 pages Case
Collection: Indian Institute of Management, Ahmedabad
The digital medium has created new ways of contracting through web pages and smartphone apps. The websites and apps put Read More
Contracts and Finality of Signature: The Coys of Kensington Case
IIMA-STR0447 | Published July 23, 2020 | 8 pages Case
Collection: Indian Institute of Management, Ahmedabad
Customers often sign lengthy offer documents, running in several pages, without reading them or understanding their contents Read More
Oral Agreements, Implied Terms and the Context: Wells v Devani
IIMA-BP0435 | Published March 29, 2019 | 9 pages Case
Collection: Indian Institute of Management, Ahmedabad
Most business contracts are meant to be in writing, on standard terms. However, with the facilities of communications, b Read More
Sanctity of Oral Agreements: MWB Business Exchange Centres Ltd v Rock Advertising Ltd
IIMA-BP0434 | Published March 27, 2019 | 11 pages Case
Collection: Indian Institute of Management, Ahmedabad
The founding principle of contracts is the freedom of the parties. The parties are free to choose their terms and follow Read More
Overlap of Termination Terms and General Principles of Contracts: The Toba Trading Case
IIMA-BP0431 | Published February 21, 2019 | 16 pages Case
Collection: Indian Institute of Management, Ahmedabad
A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till they Read More
Ownership Retention Terms in Sale Contracts Gone Astray: PST Energy 7 Shipping v.O.w. Bunker Malta Limited
IIMA-BP0429 | Published February 21, 2019 | 11 pages Case
Collection: Indian Institute of Management, Ahmedabad
'Title retention Clause' was introduced in sale of goods contracts to prevent the transfer of ownership till the seller Read More
The Two Sides of the Title Retention Clauses: The Caterpillar Case
IIMA-BP0428 | Published February 12, 2019 | 9 pages Case
Collection: Indian Institute of Management, Ahmedabad
Contracts term of commercial sale of goods have a 'title retention clause', preventing the transfer of ownership till th Read More
Termination by Mistake, Contract Terms and Damages: Bunge SA v Nidera BV
IIMA-BP0427 | Published December 18, 2018 | 10 pages Case
Collection: Indian Institute of Management, Ahmedabad
Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general p Read More
Contractual Damages: Kailash Nath Associates v Delhi Development Authority
IIMA-BP0423 | Published April 02, 2018 | 11 pages Case
Collection: Indian Institute of Management, Ahmedabad
The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liq Read More
Ousting Conditions and Warranties (Buyer's Rights): The Mercini Lady Case
IIMA-BP0421 | Published March 14, 2018 | 10 pages Case
Collection: Indian Institute of Management, Ahmedabad
The Mercini Lady Case is a modern statement of the law on the rights of the buyer in a sale contract. The seller has to Read More
The Airport Authority of India Case: Public Corporations and the Fundamental Rights
IIMA-BP0411 | Published January 19, 2018 | 12 pages Case
Collection: Indian Institute of Management, Ahmedabad
The Fundamental Rights, guaranteed by the Constitution of India, are very substantive rights. The rights, however, are a Read More